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2025 DAILYLAW 37507 (KAR)

PIRAPPA ALIAS PARASAPPA HARIJAN URF MATYAL v. STATE OF KARNATAKA

CRL.P/103686/2025 · 2025-09-24

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13498 CRL.P No. 103686 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 103686 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. PIRAPPA ALIAS PARASAPPA HARIJAN URF MATYAL AGED ABOUT 33 YEARS, OCC: DRIVER, R/O. A. P. LANAWAD, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. 2. SANJEEV S/O RAMAPPA GAVAROJI AGED ABOUT 29 YEARS, OCC. DRIVER, R/O. KAWATAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONERS (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH SAVALAGI PS, TQ. JAMKHANDI, DIST. BAGALKOT-587330. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13498 CRL.P No. 103686 of 2025 2. PAVAN S/O LAKKAPPA KURANING AGED ABOUT 31 YEARS, OCC: RANGE FOREST OFFICER AND ELECTION FLYING SQUAD, R/O RANGE FOREST OFFICE, JAMKHANDI, DIST. BAGALKOT-587301 PERMANENT ADDRESS KAPPALAGUDDA, TQ. RAIBAG, DIST. BELAGAVI-591235 REPRESENTED BY SPP. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL. SPP A/W SRI. PRAVEEN YELLAREDDY, ADVOCATE FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973/ SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 1246/2023 (SAVALAGI PS CRIME NO. 0053/2023) REGISTERED AGAINST THE PETITIONERS ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, JAMKHANDI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 171H OF THE INDIAN PENAL CODE, 1860 AND 192(A) OF MV ACT, IN SO FAR AS IT PERTAINS TO THE PETITIONERS (ACCUSED NO. 3 AND 4). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-D:13498 CRL.P No. 103686 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) 1. The petitioners are before this Court calling in question the proceedings in C.C.No.1246/2023 registered for the offences punishable under Section 171H of the Indian Penal Code, 1860 and under Section 192A of the Motor Vehicles Act, 1988 pending before the Principal Civil Judge and JMFC, Jamkhandi. 2. Heard Sri.Girish A.Yadawad, learned counsel appearing for the petitioners and Sri.Jagadeesha B N, learned Additional State Public Prosecutor for respondent No.1. 3. The facts of the case on hand would revolve round the usage of a Hyundai Creta Car and a Backhoe loader (JCB) without the permission of the Election Officer at the time of filing of nomination by Accused No.1, for the election then ensuing for the Legislative Assembly of the State of Karnataka. 4. For the reasons rendered in Criminal Petition No.12344/2023 disposed on 22.08.2024, the offences alleged against accused No.1 has been quashed in Criminal Petition No.2769/2024. - 4 - HC-KAR NC: 2025:KHC-D:13498 CRL.P No. 103686 of 2025 5. The petitioners herein are co-accused, and since the proceedings against Accused No.1 itself has been quashed, under the given peculiar facts and circumstances of the case, question of continuing the criminal proceedings against the petitioners herein does not arise. The said factual position and preposition of law are not disputed by the learned Additional State Public Prosecutor. 6. For the aforementioned reasons, the following: ORDER i. Criminal Petition is allowed. ii. The impugned proceedings in C.C.No.1246/2023 pending on the file of the Principal Civil Judge and JMFC, Jamkhandi stands quashed insofar as it relates to the petitioners herein are concerned. iii. Pending interlocutory applications, if any, stand disposed of. SD/- (M.I.ARUN) JUDGE VMB List No.: 19 Sl No.: 5